Untitled document

Children, Youth and Families Amendment Regulations 2011

S.R. No. 152/2011

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal regulations

5Regulation 30 substituted

30Approved dogs

6Regulation 32 substituted and new regulations 32A and 32B inserted

32Article or thing not allowed in youth justice facilities

32APrescribed requirements for conducting searches

32BPrescribed requirements for seizure register

7Schedule 5 revoked

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 152/2011

Children, Youth and Families Act 2005

Children, Youth and Families Amendment Regulations 2011

The Governor in Council makes the following Regulations:

Dated: 13 December 2011

Responsible Minister:

MARY WOOLDRIDGE
Minister for Community Services

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to make amendments to the Children, Youth and Families Regulations 2007 required as a consequence of the commencement of the Children, Youth and Families Amendment (Security of Youth Justice Facilities) Act 2011.

2Authorising provision

These Regulations are made under section 600 of the Children, Youth and Families Act 2005.

3Commencement

These Regulations come into operation on 19 December 2011.

4Principal regulations

In these Regulations, the Children, Youth and Families Regulations 2007[1] are called the Principal Regulations.

5Regulation 30 substituted

For regulation 30 of the Principal Regulations substitute—

"30   Approved dogs

For the purposes of the definition of approved dog in section 482A of the Act, a dog is an approved dog if it has completed a training programme approved by the Secretary or the Secretary to the Department of Justice in the previous 12 months.".

6Regulation 32 substituted and new regulations 32A and 32B inserted

For regulation 32 of the Principal Regulations substitute—

"32   Article or thing not allowed in youth justice facilities

For the purposes of section 488AD(3)(a)(v) of the Act, lighters, matches and unauthorised electronic equipment are things not allowed.

32APrescribed requirements for conducting searches

(1)For the purposes of section 488AD(6)(c) of the Act, the prescribed requirements are that an officer carrying out a search must—

(a)ensure that the search is not conducted by more officers than reasonably necessary to ensure the safety of the officers and the person being searched; and

(b)in the case of a strip search—

(i)conduct the search in a private place or an area that provides reasonable privacy for the detainee being searched; and

(ii)subject to section 488AC(3) of the Act, not touch the detainee's body; and

(iii)allow the detainee to dress in private immediately after the search is finished; and

(iv)if an item of clothing is seized from a detainee, provide the detainee with appropriate clothing to wear; and

(v)enter information in a register in accordance with subregulation (2).

(2)The officer in charge must establish and maintain a register that includes the following information in relation to each strip search carried out—

(a)the name of the detainee who is subjected to the strip search; and

(b)the name of the officer in charge or person authorised by the officer in charge who caused the strip search to be conducted; and

(c)the reason for the strip search; and

(d)the date and time the strip search was conducted; and

(e)the name and gender of all officers present at any time during the strip search; and

(f)details of any article or thing seized during the strip search.

32BPrescribed requirements for seizure register

(1)For the purposes of section 488F(2) of the Act, the prescribed information to be entered in the seizure register is—

(a)the name of the person from whom the article or thing was seized (if known); and

(b)the date and time of the seizure; and

(c)a description of the article or thing seized; and

(d)details of the discovery of the article or thing; and

(e)the name and signature of the officer who seized the article or thing; and

(f)details of the manner in which the article or thing was dealt with.

(2)For the purposes of section 488GD(2) of the Act, the prescribed details to be recorded in the seizure register are—

(a)the date, time and manner of disposal; and

(b)the name and position of the officer in charge or person authorised by the officer in charge in respect of the disposal; and

(c)the names and signatures of the officers carrying out the disposal.".

7Schedule 5 revoked

Schedule 5 to the Principal Regulations is revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 21/2007 as amended by S.R. Nos 159/2009, 67/2010 and 105/2010.